These Terms of Use ("Terms") govern your use of MTW Software & Development Agency Limited's ("MTW") website, services and all client engagements. By accessing our website or engaging our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By engaging MTW Software & Development Agency Limited for any service, submitting an inquiry or project brief, or using any deliverable we produce, you agree to these Terms in full. If you do not agree, please do not proceed with any engagement.

2. Services Provided

MTW provides software development services including but not limited to:

• Custom web application and website development
• Mobile application development (iOS and Android)
• Database design, management and optimisation
• API development and third-party integration
• Bulk SMS platform development and deployment
• Cloud infrastructure, DevOps and server management
• Ongoing maintenance and technical support

3. Project Agreements

All projects commence upon signing of a project agreement or Statement of Work (SOW) and receipt of the agreed deposit. The SOW defines scope, timelines, deliverables, payment schedule and any special terms. Scope changes must be agreed in writing and may incur additional charges.

4. Intellectual Property Rights

Upon full and final payment of all outstanding invoices:

• Custom-developed code and deliverables transfer to the client.
• MTW retains the right to display completed work in our portfolio unless specifically excluded by written agreement.
• Third-party components, libraries and frameworks remain subject to their respective open-source or commercial licences.
• MTW's internal tools, proprietary frameworks and methodologies remain the exclusive property of MTW.

5. Confidentiality

Both parties agree to maintain strict confidentiality regarding proprietary information, business processes and technical specifications shared during the engagement. This obligation survives termination of the agreement.

6. Payment Terms

• Invoices are due within 7 days of issue unless otherwise agreed.
• Late payments incur a 2% monthly interest charge after 14 days overdue.
• MTW reserves the right to suspend services for accounts with outstanding balances over 30 days.
• All prices are in Kenyan Shillings (KES) unless otherwise stated.

7. Limitation of Liability

MTW's liability to any client shall not exceed the total fees paid by that client in the 12 months preceding the claim. MTW is not liable for indirect, consequential, incidental or punitive damages arising from the use or inability to use our deliverables.

8. Warranty & Support

MTW provides a 30-day bug-fix warranty on all delivered projects. Bugs caused by client modifications or third-party integrations are excluded. Extended support and maintenance are available under separate retainer agreements.

9. Prohibited Uses

You may not use our services to develop systems for:

• Illegal activities or activities in violation of Kenyan law.
• Spam, phishing or fraudulent communications.
• Hate speech, harassment or defamatory content.
• Unlicensed financial services or pyramid schemes.

10. Governing Law

These Terms are governed by the laws of the Republic of Kenya. Any disputes shall be resolved through negotiation first, and if unresolved, through arbitration in accordance with the Arbitration Act (Cap 49) of Kenya, with proceedings in Nairobi or Thika.

11. Amendments

MTW reserves the right to update these Terms at any time. Continued use of our services after such changes constitutes acceptance of the updated Terms.

12. Contact

Legal enquiries: Techsolutionmt7@gmail.com | +254 741 993 878
MTW Software & Development Agency Limited, Shop B2, Uhuru Street, Thika, Kiambu County.

MTW Software & Development Agency Limited is committed to protecting your privacy. This Privacy Policy explains how we collect, use, store and protect personal information in accordance with the Kenya Data Protection Act, 2019.

1. Information We Collect

Information You Provide

• Contact details: name, email, phone number, physical address.
• Business information: company name, project requirements, budget.
• Payment information (processed securely; we do not store card details).
• Communications: emails, messages and feedback you send us.

Information Collected Automatically

• Website usage data: pages visited, time on site, referral sources.
• Technical data: IP address, browser type, device information.
• Cookies and similar tracking technologies (see Cookie Policy below).

2. How We Use Your Information

• To provide, manage and improve our services.
• To communicate about your project and respond to enquiries.
• To send service updates, invoices and support communications.
• To send marketing communications (with your consent).
• To comply with legal obligations and protect our rights.
• To improve our website and user experience.

3. Legal Basis for Processing

We process your personal data based on: (a) performance of a contract; (b) legitimate business interests; (c) your consent where required; and (d) legal compliance obligations.

4. Data Sharing

We do not sell your personal data. We may share data with:

• Trusted service providers (hosting, email, payment processors) under strict confidentiality.
• Professional advisors (legal, accounting) as necessary.
• Government authorities when legally required.

5. Data Retention

We retain personal data for as long as necessary to fulfil the purposes described in this policy, typically 7 years for financial records (as required by Kenyan law) and 3 years for project records.

6. Your Rights

Under the Kenya Data Protection Act, you have the right to:

• Access personal data we hold about you.
• Request correction of inaccurate data.
• Request deletion of your data (where applicable).
• Object to or restrict certain processing.
• Withdraw consent at any time.
• Lodge a complaint with the Office of the Data Protection Commissioner (ODPC).

7. Data Security

We implement appropriate technical and organisational measures including encryption, access controls, secure servers and regular security audits to protect your data against unauthorised access, loss or breach.

8. Cookies

Our website uses essential, analytics and preference cookies to enhance your experience. You may disable cookies in your browser settings; however, some features may not function correctly. We use strictly necessary, analytics and preference cookies only.

9. Third-Party Links

Our website may contain links to third-party sites. We are not responsible for their privacy practices. We encourage you to review their privacy policies before sharing any personal information.

10. Children's Privacy

Our services are not directed to children under 18. We do not knowingly collect personal data from minors. If you believe a child has provided us with information, please contact us immediately.

11. Cookie Policy

What Are Cookies?

Cookies are small text files stored on your device when you visit a website. They help us deliver a better, more personalised experience.

How We Use Cookies

• Essential Cookies: Necessary for the website to function properly (session management, form submissions).
• Analytics Cookies: Help us understand how visitors interact with our site (pages visited, time spent). We use Google Analytics.
• Marketing Cookies: Used to deliver relevant advertisements (where applicable).
• Preference Cookies: Remember your settings and preferences for a better experience.

Managing Cookies

You can control and delete cookies through your browser settings. Disabling cookies may affect some functionality of our website. Most modern browsers allow you to refuse cookies or alert you when cookies are being sent.

12. Contact Our Data Controller

MTW Software & Development Agency Limited
Shop B2, Uhuru Street, Thika, Kiambu County
Email: Techsolutionmt7@gmail.com
Phone: +254 741 993 878

MTW Software & Development Agency Limited is committed to delivering high-quality software solutions. We understand that circumstances can change, and this policy outlines the conditions under which refunds may be granted.

1. General Refund Conditions

Refunds are evaluated on a case-by-case basis. To be considered, a refund request must be submitted in writing to Techsolutionmt7@gmail.com within the applicable timeframes stated below. Refunds are not automatically guaranteed and are subject to review.

2. Refund Schedule by Project Stage

• Before project commencement: 90% refund of any deposit paid, minus a 10% administration fee.
• Within the first 25% of project completion: 60% refund of total project value paid to date.
• Between 25% and 50% project completion: 30% refund of total project value paid to date.
• After 50% project completion: No monetary refund; all completed work will be delivered to the client.
• After project delivery and sign-off: No refund. Post-delivery bug fixes are handled under the 30-day warranty.

3. Non-Refundable Items

The following are strictly non-refundable under all circumstances:

• Administration and consultation fees.
• Third-party software licences, domain registrations, hosting fees or API subscriptions purchased on behalf of the client.
• Work completed under a milestone that has been formally approved by the client.
• Fees for completed maintenance or support sessions.
• Bulk SMS credits already purchased and activated.

4. Refund Process

To request a refund, contact us at Techsolutionmt7@gmail.com with the subject line "Refund Request – [Your Name/Project Name]" and include your project details and reason for the request. Our team will review and respond within 5 business days. Approved refunds are processed within 7–14 business days via M-Pesa or bank transfer.

5. Disputes

If you believe our work does not meet the agreed specifications, we commit to a revision process before any refund discussion. We strongly encourage open communication to resolve all issues amicably. MTW will make commercially reasonable efforts to resolve any dispute before escalation.

6. Quality Guarantee

All projects include a 30-day post-delivery bug-fix warranty at no additional charge. During this period, any bugs or defects directly attributable to MTW's development work will be rectified promptly. This warranty does not cover issues arising from client modifications, third-party integrations or changes in business requirements.

7. Contact

Refund enquiries: Techsolutionmt7@gmail.com | +254 741 993 878

MTW Software & Development Agency Limited understands that business needs evolve. This Cancellation Policy sets out the terms that apply when a project is cancelled, whether by the client or by MTW.

1. Client-Initiated Cancellation

You may cancel a project at any time by submitting a written cancellation request to Techsolutionmt7@gmail.com. The following terms apply based on the project's completion stage at the time of cancellation:

• Cancellation before project start: Full refund minus 10% admin fee, processed within 7 business days.
• Cancellation within the first 25% of project completion: 60% refund of the total project value paid.
• Cancellation at 25%–50% completion: 30% refund of the total project value paid.
• Cancellation after 50% completion: No refund; all work completed to the cancellation date will be delivered to the client.

2. MTW-Initiated Cancellation

MTW Software reserves the right to cancel a project under the following circumstances:

• The client provides materially false or misleading information.
• The project requirements are determined to be unethical, illegal or in violation of Kenyan law.
• The client fails to make agreed milestone payments for more than 30 days.
• The client is unresponsive for more than 21 consecutive business days despite reasonable contact attempts.
• Circumstances beyond our control (force majeure) prevent project completion.

In cases of MTW-initiated cancellation due to client fault, fees for work completed to date will be retained. In cases of force majeure, a prorated refund for incomplete milestones will be issued.

3. Work Delivery on Cancellation

Upon cancellation, MTW will deliver all completed work to the client in an agreed format within 5 business days of the cancellation being confirmed. Work remains the intellectual property of MTW until all outstanding payments have been fully cleared.

4. Pause Requests

Clients may request to pause an active project for up to 30 consecutive days. Pause requests must be submitted in writing. Pauses beyond 30 days are treated as cancellations unless otherwise agreed in writing with an MTW project manager. MTW reserves the right to reallocate development resources during extended pauses.

5. Ongoing Maintenance & Support Contracts

Monthly support and maintenance retainers may be cancelled with 30 days' written notice. Fees for the notice period are non-refundable. Unused credits on prepaid support packages are refundable on a prorated basis upon verified cancellation.

6. How to Cancel

Send a written cancellation request to Techsolutionmt7@gmail.com with the subject line: "Project Cancellation – [Your Name / Project Name]". Include your project reference, reason for cancellation and preferred delivery method for completed work. MTW will acknowledge your request within 2 business days.

7. Contact

Cancellation enquiries: Techsolutionmt7@gmail.com | +254 741 993 878

This Service Level Agreement (SLA) defines the standards MTW Software & Development Agency Limited commits to when providing ongoing hosting, maintenance and support services to clients under an active support package.

1. Scope

This SLA applies to clients on active monthly maintenance, hosting or support retainer agreements with MTW. It does not automatically apply to one-time project engagements unless explicitly included in the project SOW.

2. Availability Guarantee

MTW targets 99.9% monthly uptime for hosted applications. Scheduled maintenance windows (typically 11 PM – 3 AM EAT on weekends) are excluded from uptime calculations. Clients will receive 48 hours' advance notice for planned maintenance.

3. Response Times

• Critical (site/app completely down): Initial response within 2 hours; resolution target within 8 hours.
• High (major feature broken or severely degraded): Initial response within 4 hours; resolution target within 24 hours.
• Medium (minor bug or degraded performance): Response within 1 business day; resolution within 3 business days.
• Low (cosmetic issue or enhancement request): Response within 2 business days; scheduled in next sprint.

4. Support Channels

Support is provided via email (Techsolutionmt7@gmail.com) and WhatsApp (+254 741 993 878) during business hours: Monday–Friday 8 AM – 6 PM EAT; Saturday 9 AM – 2 PM EAT. Critical emergency issues are handled 24/7.

5. Exclusions

This SLA does not cover outages caused by:

• Third-party services (hosting providers, M-Pesa, CDNs, external APIs).
• Issues arising from client-made changes without MTW approval.
• Force majeure events (power cuts, internet outages, natural disasters).
• Services outside the agreed support scope.

6. SLA Credits

If MTW fails to meet the availability guarantee in any calendar month, affected clients on maintenance plans will receive a service credit of 5% of their monthly support fee per full hour of excess downtime, up to a maximum credit of 30% of that month's fee. Credits are applied to the next invoice and are not paid in cash.

7. Amendments

MTW may update this SLA with 30 days' written notice to active support clients. Continued use of support services after the notice period constitutes acceptance of the updated SLA.

8. Contact

SLA queries: Techsolutionmt7@gmail.com | +254 741 993 878

1. Ownership of Deliverables

Upon full and final payment of all agreed project fees, MTW Software & Development Agency Limited assigns to the client all intellectual property rights in the final deliverables, including source code, design assets, and documentation produced specifically for the client's project.

2. MTW's Pre-Existing IP

Any tools, frameworks, libraries, boilerplates or methodologies owned by or licensed to MTW prior to the project — or developed independently of the project — remain the sole property of MTW. The client is granted a non-exclusive, perpetual licence to use such elements as embedded in their deliverables only.

3. Open-Source Components

Projects may incorporate open-source software governed by licences (e.g., MIT, Apache 2.0, GPL). MTW will disclose significant open-source dependencies. The client is responsible for complying with the applicable open-source licence terms.

4. Client-Supplied Materials

The client warrants that any content, images, trademarks or data they supply to MTW for incorporation into the project are owned by or properly licenced to the client. The client indemnifies MTW against any third-party claim arising from client-supplied materials.

5. Portfolio Rights

Unless expressly prohibited in writing, MTW reserves the right to display completed projects in its portfolio, case studies and marketing materials. Confidential business information will be anonymised or omitted on request.

6. No Transfer Before Full Payment

IP ownership does not transfer until all outstanding invoices have been settled in full. MTW retains a lien over all deliverables until full payment is received.

7. Contact

For IP-related queries: Techsolutionmt7@gmail.com | +254 741 993 878